This action commenced in this court on December 8, 2014. Plaintiffs David J. Gottfried and Andrea Gottfried appeal, pursuant to G.L. c. 40A § 17, the decision ("Decision") of the Zoning Board of Appeals ("Board") for the Town of Yarmouth, whose members are defendants, granting a special permit to defendants Clifford I. Betron and Patricia S. Betron.
The Betrons hold title to an improved property ("Property") at 9 Flakeyard Lane, West Yarmouth, MA, which is shown as lot K on Land Court Plan 6940-C, dated April 1921.
The Betrons applied to the Board for a special permit pursuant to Bylaw § 104.3.2(2) concerning the pre-existing, non-conforming garage structure located on the Property. In the Decision, the Board granted the special permit. The Board's Decision ("Board Decision") was filed with the municipal clerk on November 19, 2014.
Plaintiffs timely appealed the Board Decision to this court. This case came on to be tried to the court (Piper, J.), which in a decision issued today has made findings of fact and rulings of law. In accordance with the court's decision, it is
ORDERED and ADJUDGED that the Board Decision was not unreasonable, whimsical, capricious, or arbitrary; was not based on a legally untenable ground; did not exceed the Board's authority; was not procedurally flawed; and is not entitled to be modified or annulled by the court. It is further
ORDERED and ADJUDGED that the Board Decision is AFFIRMED. It is further
ORDERED and ADJUDGED that no further relief, and no costs, fees, damages, or other amounts, are awarded to any party.